Indianapolis, Bloomington & Western Ry. Co. v. Murray

Citations

• 72 Ill. 128

Syllabus

<p>1. Custom—contracts presumed to be made with reference to it. Where it is the general and long established custom of a railroad company, in delivering freight to connecting lines, to deliver as consignors, a shipper who has been in the habit of shipping over sucfi road, will be presumed to be familiar with that custom, and to contract with reference to it.</p> <p>3. Common carrier—duty of, on delivering goods to other cwri&rs. A. common carrier of goods is not required, in transferring goods to a second carrier, to ship them otherwise than as directed by the shipper, and where the directions given by the shipper as to the shipment omits to give the name of the consignor, the carrier will be guilty of no negligence because it fails to give the name of the consignor, upon delivering the goods to the second carrier.</p> <p>3. A contract between a shipper and a railroad company obligated the company to transport a lot of hogs to a given point, ready to be delivered to the agent of a connecting line, “ consigned, numbered and marked as per margin,” to be by the connecting company carried to their place of destination, upon condition that the liability of the contracting company as a common carrier should cease when the hogs arrived at the point named, ready to be delivered to the next carrier. The name of the consignor was not given in the margin. The hogs were delivered by the company to the connecting company, marked to the consignee, as indicated on the margin of the contract, and were duly delivered to the consignee. Another shipper of hogs, on the same train, from the same point, and to the same destination, accompanied his hogs, and received the pay from the consignee for both lots: Held, that the company, having shipped the hogs marked as indicated on the margin of the contract, discharged their whole duty in that regard, and there being no consignor named on the margin referred to, the company was guilty of no negligence which led or tended to induce the consi